AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5A-3a; and to
amend and reenact §18-5B-10 of said code, all relating to
exempting certain schools and school districts from certain
statutory provisions pursuant to certain statutory approval
and recommendation processes.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5A-3a; and that
§18-5B-10 of said code be amended and reenacted, all to read as
follows:

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-3a. Waivers of statutes granted to public schools pursuant
to recommendations submitted by local school improvement
councils; limitations.

(a) The Legislature hereby grants a waiver from the statute or
statutes indicated for the following school or schools pursuant to
and for the purposes enumerated in the written statement
recommending the waiver, with supporting reasons, approved by the
local school improvement council of the respective schools and
recommended by the Legislative Oversight Commission on Education
Accountability in accordance with the provisions of section three
of this article. The grant of a waiver to a statute means that the
school or schools granted the waiver may implement the actions as
specifically described in their written statement notwithstanding
the provisions of this code from which they are specifically
waived. These waivers are limited to the purposes as specifically
described in the statement upon which the Legislative Oversight
Commission on Education Accountability made its recommendation for
a waiver to the Legislature and are expressly repealed for any
modification or implementation of the described actions which
changes those purposes. However, nothing in this section prohibits
a local school improvement council school that has been granted a
waiver from submitting a request to the Legislative Oversight
Commission on Education Accountability for modifications, subject
to approval in accordance with section three of this article.

(b) The following waivers are granted:

Section two-b, article three, chapter eighteen-a of this code
is waived for the schools of Cabell County for the purpose of
implementing a comprehensive new teacher induction program, which
purposes are as more specifically described in the schools’ written
statement approved by the county board and submitted to the
Legislative Oversight Commission on Education Accountability on
February 24, 2011.

(a) The Legislature hereby grants an exception to the statute
or statutes indicated for the following schools pursuant to and for
the purposes enumerated in their innovation zone plans approved by
the state board at its meeting on the date specified. The grant of
an exception to a statute means that the school or schools granted
the exception may implement the actions as specifically described
in their approved innovation zone plan notwithstanding the
provisions of this code from which they are specifically excepted.
These exceptions are limited to the purposes as specifically
described in the plan approved on the date indicated and are
expressly repealed for any plan modification or plan implementation
which changes those purposes. However, nothing in this section
prohibits a school or schools with an approved innovation zone plan
from requesting plan modifications, subject to approval of the
state board, and if the modifications change the purposes for which
an exception to a statute was granted, the state board shall
request an exception to achieve the new purposes in the manner
provided in section five of this article for requesting exceptions
to a statute. If the approved innovation zone plan of a school or
schools is withdrawn by the state board, or the innovation zone
designation of a school or schools is revoked by the state board,
the exception granted to that school or those schools is expressly
repealed.

(b) The following exceptions are granted:

(1) Piedmont Elementary School, Kanawha County, is excepted
from subsection (3), section fourteen, article four, chapter
eighteen-a of this code for the purpose of allowing specialist
teachers to take their planning period before and after school
totaling one hour, three days per week, and from section
eighteen-a, article five of this chapter for the purpose of
permitting a number of students in music and physical education
classes in excess of the class size limits to provide the time and
structure for teams to meet in professional learning communities,
which purposes are as more specifically described in the school’s
innovation zone plan approved by the state board on January 13,
2010;

(2) Putnam County High Schools Consortium comprised of Buffalo
High School, Hurricane High School, Poca High School, Winfield High
School and Putnam Career and Technical Center, Putnam County, is
excepted from section forty-five, article five of this chapter only
to the extent necessary for the purpose of establishing a
structured transition program for freshman only one day prior to
the beginning of the regular instructional term, and for the
purpose of permitting the creation of not more than three hours
each month during the school term of structured, regularly
scheduled time for all teachers to work in professional learning
communities, which purposes are as more specifically described in
the schools’ innovation zone plan approved by the state board on
January 13, 2010;

(3) Nellis Elementary School, Boone County, is excepted from
subsection (a), section two, article five-a of this chapter, for
the purpose of expanding the membership of its local school
improvement council, which purpose is as more specifically
described in the school’s innovation zone plan approved by the
state board on January 13, 2010;

(4) Cabell County Secondary School Consortium comprised of
Cabell County Career Technical Center, Cabell Midland High School
and Huntington High School, Cabell County, is excepted from
sections one and one-a, article eight of this chapter for the
purpose of raising the compulsory school attendance age to eighteen
years old, and from section two-b, article three, chapter
eighteen-a of this code for the purpose of providing a customized
high quality beginning teacher induction program developed at the
county level, which purposes are as more specifically described in
the schools’ innovation zone plan approved by the state board on
January 13, 2010; and

(5) Clay County Schools is excepted from section fifteen,
article five of this chapter for the purpose of allowing persons
over the age of twenty-one years to enroll without charge of fees
in the Clay County Schools “iREAD” program and upon, successful
completion, be awarded a Clay County High School Diploma, which
purposes are more specifically described in the Clay County
School’s innovation zone plan approved by the state board on
January 12, 2011. The grant of this exception does not abrogate
the authority of the state board to determine the minimum standards
for granting diplomas pursuant to section six, article two of this
chapter and does not permit persons over the age of twenty-one who
re-enter the public schools to be included in net enrollment for
the purposes of funding pursuant to article nine-a of this chapter,
except as otherwise provided by law.